9 research outputs found

    The biological passport: closing the net on doping

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    Lance Armstrong, It wasn't just about the bike

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    The paper "Lance Armstrong, It wasn't just about the bike", examines the Lance Armstrong saga from a comparative perspective, examining what might happen if such a high profile saga erupted in other common law jurisdictions. In doing so, it draws on wider questions around the concept of cheating and the specific nature of doping and the measures in place to combat the threat of widespread abuse of performance enhancing substances. The standard of proof required in questions around non-analytical positives is examined and questions around next steps for sport such as a general amnesty are raised. It is also suggested that the code of silence pervading some sports around doping issues may be combated by provisions such as the Freedom of Information Act 2000 and that this legislation may help to combat some of the mist that surrounds doping control in sport

    Drugs in sport

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    This article addresses the controversial issue of the use of performance enhancing drugs in sport. It looks at the legal basis for regulation via the World Anti-Doping Code and the nature of a sports participant's relationship with their governing body and the anti-doping organisations. It explains in the context of proportionality, the measures designed to combat doping in sport and the importance to the Code of the central principle of strict liability. It also, highlights the use of non-analytical positives as a further method of detection of doping violations, whilst taking consideration of the impact of these measures on the human rights of participants

    Servitude in youth football

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    This paper examines the Premier League Elite Player Performance Plan as it applies to children in football. It highlights the one sided nature of the contractual relationship between the young player and the football club and links the current practice as they apply to children with that declared as an unlawful restraint of trade for adults by Eastham v Newcastle United in 1963

    Should Oscar Run?

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    Swallows and Amazons, or the Sporting Exception To the Gender Recognition Act

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    The Gender Recognition Act 2004 purports to restrict transgendered persons’ opportunities to participate in sports if their involvement is not conducive to either ‘competitive fairness’ or ‘safety’. This article considers the difficulties in founding a prohibition on either ground, through reference to the medical literature and by considering relevant developments in other jurisdictions. It works towards a theoretical framework for consideration of the broader issues concerning sport and sexed/gendered bodies by suggesting that transgender sport may be regarded as a struggle over the legitimate use of the sporting body; and one that both reinforces and challenges the significance of sports as a gendering practice
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